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November 2012, Week 5


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virginia kuhn <[log in to unmask]>
Reply To:
Film and TV Studies Discussion List <[log in to unmask]>
Fri, 30 Nov 2012 11:21:24 -0800
text/plain (99 lines)
This was an important but very much a qualified victory for Fair Use since
the judge didn't directly rule on the use, though she did discuss its four
tenets more generally (the excerpt below is also from the CHE article):

The ruling hinges largely on findings that the plaintiffs lacked standing
and that the defendants had sovereign or qualified immunity. But in a
section of the ruling, Judge Marshall also considered four factors relating
to the fair-use arguments.

One of those factors weighed in favor of not finding fair use, she wrote,
"because the entire works were streamed, not just portions." But, on
balance, she wrote, "the court concludes that there is, at a minimum,
ambiguity as to whether defendants' streaming constitutes fair use." She
added: "Notably, no court has considered whether streaming videos only to
students enrolled in a class constitutes fair use, which reinforces the
ambiguity of the law in this area."

There *are* arguments for this use being fair (based on the 4 tenets), but
sadly these were not considered, so the value of this decision as a
precedent for Fair Use remains to be seen.

On Thu, Nov 29, 2012 at 5:54 PM, Jeremy Butler <[log in to unmask]> wrote:

> A recent court decision affirms the FAIR USE of streaming ENTIRE movies to
> students enrolled in classes. This has major ramifications for any class
> that wants to make videos available to students online.
> Here's an excerpt from The Chronicle story about it:
> November 26, 2012
> Judge Throws Out Copyright Lawsuit Over UCLA's Streaming of Videos to
> Students
> By Charles Huckabee
> A federal judge in California has for the second time thrown out a lawsuit
> that accused the University of California at Los Angeles of violating
> copyright law by streaming videos online.
> Judge Consuelo B. Marshall of the U.S. District Court in Los Angeles had
> previously dismissed the lawsuit in October 2011, but she allowed the
> plaintiffs, Ambrose Video Publishing Inc. and the Association for
> Information Media and Equipment, a trade group, to file a second amended
> complaint. In a ruling issued last Tuesday, she rejected the second amended
> complaint.
> The plaintiffs contended that UCLA had acted illegally in copying DVD's of
> Shakespeare plays acquired from Ambrose and streaming them online for
> faculty and students to use in courses. UCLA argued that streaming the
> videos was permissible under the fair-use principle, which can allow
> reproductions for teaching, and the Teach Act, which allows limited use of
> copyrighted materials for online education.
> ...
> [UCLA's] lawyer, R. James Slaughter of Keker & Van Nest LLP, told the news
> service Law360 that the ruling "confirms what UCLA has long believed: that
> streaming previously purchased video content over its intranet for
> educational purposes is not a copyright violation or a violation of any
> contract."
> --
> Jeremy Butler
> Professor - TCF Dept. - U Alabama
> ----
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Virginia Kuhn, PhD
Associate Director
Institute for Multimedia Literacy
Assistant Professor
School of Cinematic Arts
University of Southern California
Twitter: @vkuhn

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